Top 5 South Dakota Divorce Laws

The top 5 things everyone should know about South Dakota divorce laws.

South Dakota

South Dakota is an equitable distribution state, this means that marital assets will be distributed in an equitable fashion, regardless of who holds the title. Fault is not a factor unless it is relevant to the acquisition of the property during the marriage.

Persistent refusal to have reasonable matrimonial intercourse is grounds for divorce under South Dakota divorce law. The court may also order a divorce based on the following grounds: irreconcilable differences, which is no-fault, or fault grounds that include adultery, extreme cruelty, willful desertion, willful neglect, alcohol abuse and conviction of felony.

Child support is based on the income shares model of South Dakota divorce law, meaning that the combined monthly net incomes of both parents shall be used in determining the obligation and divided proportionately between the parents based upon their respective net incomes.

Premarital agreements must be in writing and signed by both parties in order for it to be recognized under South Dakota divorce law. Premarital agreements may include provisions that define the respective property rights of the parties during the marriage, or upon the death of either or both of the parties.

Either spouse may be ordered to pay alimony to the other party for a period of time as the court deems just.

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